Misuse of Drugs Act 1975

29B Special provisions where offence relating to cannabis preparations alleged

• For the purposes of any proceedings for an offence against any of the provisions of section 6 or section 7 in relation to any cannabis preparation the following provisions shall apply:

  • (a) it shall be for the prosecution to prove that the preparation to which the charge relates contains any tetrahydrocannabinols:

  • (b) subject to paragraph (a), the preparation shall be deemed to have been produced by subjecting cannabis plant material to some kind of processing unless it is in a form that is clearly recognisable as plant material:

  • (c) plant material means the whole or any part of the leaf, flower, or stalk of any plant (of whatever species):

  • (d) the question of whether or not any preparation is in a form that is clearly recognisable as plant material shall, in the event of dispute between the prosecutor and the defendant, be determined by the jury (or, if there is no jury, by the Judge as a question of fact) by means of a visual inspection unaided by any microscope or magnifying glass (other than spectacles ordinarily worn) or by any other device.

  Section 29B: inserted, on 13 January 1983, by section 6 of the Misuse of Drugs Amendment Act 1982 (1982 No 151).